Advice on dodgy landlord please

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    Advice on dodgy landlord please

    Hi everyone, this is my first post here and I’m hoping you can help me.

    lived in this property for three years. Multiple problems, some of which we have paid for, we have spent in excess of £1,000. Roof is leaking into many rooms, on and off rat infestations in the roof, problems with bathroom and excess cold... the list goes on and on and on!
    we got fed up of waiting for repairs and reported to E.Health, failed on 10 Hazards. 2 cat.1 and 8 cat.2.
    E.H went to serve improvement notice, property is on fathers name not his, he has been dead for more than 5 years. Still waiting for notice to be served as it has to be served to owner/s.
    landlord has contacted me today first time in 4 months asking for future rent to go in to a business account of his.

    is my tenancy a binding legal document if he is not the owner & the owner is dead?

    why is he wanting money sent to account that isn’t his name?

    it all seems a big dodgy, like he is trying to get out of improvement notice.

    it’s taking a tole on our family and we are saving to move as we have had enough.

    Deposit isn’t protected. (I know we can claim upto x3 back)
    no epc or tenants pack either.

    if we stopped paying to get back deposit could we get in trouble?
    always done everything by the book, but this crook has pushed us too far.

    #2
    You do not have to own a place to be the landlord: Just have some authority from the owner to rent it out (eg in case of deceased owner an agreement from deceased's executor).

    Invite local council to do HHSRS survey.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Why don't you just move out?

      Comment


        #4
        Why don't EH step up and enforce their notices?

        Comment


          #5
          Tory cuts to local authority funding
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by Seasnail View Post
            landlord has contacted me today first time in 4 months asking for future rent to go in to a business account of his.
            I would ask him for a letter signed by him before I would send money elsewhere (to protect you if he claims electronic request was sent by someone else attempting to defraud him)

            Originally posted by Seasnail View Post
            is my tenancy a binding legal document if he is not the owner & the owner is dead?
            Yes

            Originally posted by Seasnail View Post
            why is he wanting money sent to account that isn’t his name?
            Maybe trying a tax dodge.
            Maybe his company is in difficulties and he sees it as a way to keep it afloat.

            You could tell the tax man that you suspect some kind of tax dodge.

            Originally posted by Seasnail View Post
            Deposit isn’t protected. (I know we can claim upto x3 back)
            You are entitled to the return of the deposit.
            You are entitled to a penalty for non-protection of 1-3 times the value of the deposit for EACH tenancy
            There is a separate tenancy:
            • each time you agree to a new tenancy.
            • each time a fixed term ends and there is no replacement tenancy agreed (this is a Statutory Periodic Tenancy)
            For example, fixed term tenancy starts 2 January and ends 1 July, new tenancy agreed starting 3 July, that is 3 tenancies (fixed term, spt, fixed term).

            Originally posted by Seasnail View Post
            no epc or tenants pack either.
            That only protects you against eviction under S21 (a section 21 notice is not legally enforceable).


            Originally posted by Seasnail View Post
            if we stopped paying to get back deposit could we get in trouble?
            Possibly, but what is LL going to do?
            • He cannot issue S21 because he has not served appropriate documents, nor has he protected the deposit.
            • He cannot serve S8G8 because you are not in 2 months' arrears.
            • Other S8 rent-grounds are discretionary and your circumstances (if true) would convince a judge not to evict.
            • He could issue proceedings to recover the rent not paid, but you counter claim for the money he owes you (deposit and penalty), so he would (probably) loses and not be able to pass the costs on to you.

            BUT first
            • Write to him asking for the return of the unprotected deposit.
            • Seek advice from Citizens' Advice.

            Comment


              #7
              All of the above.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Can I just ask a question. Regarding renting a private house. Should every room have a door?

                Comment


                  #9
                  Originally posted by Juliep101 View Post
                  Can I just ask a question. Regarding renting a private house. Should every room have a door?
                  It's not a legal requirement, if that's what you mean.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

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